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may 2015

Supreme Court of India · 2015-05-07

Khenyei vs New India Assurnace Co.Ltd.& Ors

Citation / case number
AIR 2015 SC (CIV) 1616
Court
Supreme Court of India
Petitioner
Khenyei
Respondent
New India Assurnace Co.Ltd.& Ors
Author
Arun Mishra
Bench
Arun Mishra, S.A. Bobde, H.L. Dattu

Judgment text excerpt

The Supreme Court ruled that in cases of composite negligence involving joint tort feasors, a claimant can recover the entire compensation from one tort feasor regardless of their individual degree of negligence. The court emphasized that the liability of joint tort feasors is joint and several, meaning the claimant is entitled to claim the full amount from any one of them. The court held that apportionment of compensation between tort feasors is not permissible, reinforcing the principle that the claimant can pursue the solvent defendant for the total claim amount.

Khenyei vs New India Assurnace Co.Ltd.& Ors · Niyam